Kerala High Court
Subair vs State Of Kerala on 25 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC NO. 2185 OF 2018 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
CRL.MC NO. 2185 OF 2018
CRIME NO.43/2016 OF KARIPUR POLICE STATION, Malappuram
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.181 OF 2016 OF
DISTRICT COURT& SESSIONS COURT,MANJERI ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CP NO.63 OF 2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS-I,MANJERI
PETITIONER/S:
SUBAIR
AGED 35 YEARS
AGED 35 YEARS, S/O.BAVUTTY, KARIPPAYIL HOUSE,
POYILISSERI P.O., B.P.ANGADI VIA, PARAYIL,
MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SRI.M.REVIKRISHNAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
SRI.RENJITH TR, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2185 OF 2018 2
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P.V.KUNHIKRISHNAN, J
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Crl.M.C. No. 2185 of 2018
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Dated this the 25th day of September, 2024
ORDER
This Criminal Miscellaneous case is filed to quash the
proceedings in CP No.63/2017 on the file of the Judicial First
Class Magistrate Court-I, Manjeri. It is a committal
proceedings and the case is charge-sheeted alleging offences
punishable under secs. 489B and 498C IPC.
2. The prosecution case is that the petitioner was
coming from Sharjah in Air India Express flight on 03.02.2016
and he landed at Karipur Airport at 11.30 am. He was directed
to remit a duty of Rs.6,000/- for bringing a TV from Sharjah.
He remitted the amount at the SBT counter and there, it was
noticed that six notes of thousand rupees denomination were
counterfeit notes. The petitioner was arrested and was
produced before the Jurisdictional Magistrate. The prosecution
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alleged that the accused by possessing the aforesaid
counterfeit currency and by remitting the same at the SBT
branch, Karipur Airport towards duty for bringing a TV from
abroad, used as genuine and as such he committed the
offences. Hence, it is alleged that the accused committed the
offences.
3. Heard the learned counsel for the petitioner
and the Public Prosecutor.
4. The counsel for the petitioner submitted that
there is absolutely no evidence to show that the notes handed
over by the petitioner to the bank are counterfeit notes. It is
also submitted that he collected these notes from the Al-Ansari
Exchange, UAE. He has got documents to show the same. The
Public Prosecutor submitted that as per Annexure-C, the Al
Ansari Exchange also admit that the counterfeit notes are
handed over to the petitioner. The Public Prosecutor submitted
that the authorities of Al-Ansari Exchange are also to be
impleaded and this Court may not interfere with the trial court
proceedings.
5. I think there is some force in the argument of
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the Public Prosecutor. These are matters of evidence. This
Court cannot invoke the powers under Sec. 482 Cr.P.C to
quash the proceedings, especially when the allegation is that
there is possession of counterfeit notes. All the contentions
raised by the petitioner in this Crl.M.C. are left open. The
petitioner is free to surrender before the committal court. If
the matter is committed, then the petitioner can file
appropriate discharge petition before the jurisdictional court,
in accordance with law.
With the above observation, this Criminal
Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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PETITIONER ANNEXURES
ANNEXURE A- TRUE COPY OF THE RECEIPT DATED 02/02/2016
ISSUED BY AL-ANSARI EXCHANGE, U.A.E.
EVIDENCING TRANSFER OF INDIAN RS.32,000/-
TO THE ACCOUNT OF THE FEDERAL BANK LTD.
TIRUR BRANCH BELONGING TO THE PETITIONER.
ANNEXURE B- TRUE COPY OF THE RECEIPT DATED 02/02/2016
ISSUED BY AL-ANSARI EXCHANGE, U.A.E.
EVIDENCING CASH PURCHASE OF INDIAN
RS.6,000/- FOR SALE OF FOREIGN CURRENCY.
ANNEXURE C- TRUE COPY OF THE CERTIFICATE ISSUED BY AL-
ANSARI EXCHANGE SERVICES SITUATED AT
U.A.E. THROUGH ITS MANAGING DIRECTOR
VOUCHING SAFE FOR THE TRANSACTIONS WHICH
THE PETITIONER HAD WITH THEIR EXCHANGE
SERVICES ON 02/02/2016.
ANNEXURE D- TRUE COPY OF THE F.I.R. IN CRIME
NO.43/2016 OF KARIPUR POLICE STATION,
MALAPPURAM DISTRICT ALONG WITH A TYPED
COPY OF THE COMPLAINT OF THE DEPUTY
MANAGER OF STATE BANK OF TRAVANCORE,
CALICUT INTERNATIONAL AIRPORT BRANCH ON
WHICH THE CRIME GOT REGISTERED.
ANNEXURE E- CERTIFIED COPY OF THE STATEMENT
PURPORTEDLY GIVEN BY THE PETITIONER ON
03/02/2016.
ANNEXURE F- TRUE COPY OF THE REMAND APPLICATION
PREFERRED IN THE INSTANT CRIME BY THE
KARIPUR POLICE BEFORE THE JURISDICTIONAL
MAGISTRATE ON 04/02/2016.
ANNEXURE G- TRUE COPY OF THE BAIL APPLICATION
PREFERRED IN THE CRIME BEFORE THE COURT OF
THE SESSIONS JUDGE, MANJERI.
ANNEXURE H- TRUE COPY OF THE ORDER GRANTING BAIL DATED
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12/02/2016 IN CRIMINAL M.C.NO.181 OF 2016
PASSED BY THE COURT OF THE SESSIONS JUDGE,
MANJERI.
ANNEXURE I- TRUE COPY OF THE FINAL REPORT IN CRIME
NO.43/2016 OF KARIPUR POLICE STATION,
MALAPPURAM DISTRICT.
ANNEXURE J- TRUE COPY OF THE CERTIFICATE/COMMUNICATION
ISSUED BY CW4 TO THE SUB INSPECTOR OF
POLICE, KARIPUR POLICE STATION STATING
THAT THE NOTES IN QUESTION ALLEGEDLY ARE
FORGED/COUNTERFEIT.
